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19, NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. BACKGROUND INVESTIGATIONS Unless exempted by the City, Consultant will conduct a background check on each candidate (after the candidate's conditional acceptance by the City and prior to the start of any engagement with the City). Contract service personnel and consultants on assig nient with or in support of the Santa Ana Police Department ( "SAPD ") will be required to pass an SAPD background investigation prior to beginning work with SAPD: Full name, address, phone number, birth date, Social Security number and driver's license number must be furnished to the City upon request. An application for SAPD background must be completed by each prospective contract service person who will be providing on -site services to SAPD. 21. OVERTIME AND HOLIDAYS The City will pay only straight time (i.e. no increase in effective hourly billing rate) for all hours worked under this Agreement. Overtime will be considered as any time in excess of the City's scheduled work week. The City will pay only for hours in excess of a normal schedule when authorized in advance by the City's Information Technology Director or a designated manager and then only at a straight time rate. The City does not provide compensation for temporary technology contract service personnel or technology consultants for holidays unless they are required to work on a City holiday and their work time has been prior approved by the City's Information Technology Director or a designated manager and then only at a straight time rate. 22. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 23, PROFESSIONAL LICENSES Consultant shall; throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 259 -12